According to the Federal Law of 2001, which deals with the activities of the bar and lawyers in our country, the Federal Chamber of Lawyers of the Russian Federation is considered a non-governmental all-Russian non-profit organization that unites representatives of the constituent entities of the Russian Federation as part of compulsory membership. Consider the main features of this structure, its purpose, the specifics of the creation and functioning in the Russian Federation.
Creation goals
This is an independent organization, which consists of separate lawyer chambers of the constituent entities of the Russian Federation, united to address specific goals. It is difficult to achieve the complete independence of the legal profession without such an association.
The Federal Chamber of Lawyers of the Russian Federation is created to solve the following problems:
- protection and representation of the interests of lawyers in local authorities, state structures;
- coordination of the work of individual chambers of law;
- high quality legal assistance.
The creation of such an organization is aimed at the implementation of the Federal Law on the Bar and Advocacy, as well as at guaranteeing the corporate interests of lawyers.
Goal Division
The Federal Chamber of Lawyers of the Russian Federation was created to solve internal and external problems. The activity of this body is aimed at providing high quality legal services to individuals and organizations in the Russian Federation in accordance with the Law on the Bar.
The Federal Chamber of Lawyers also solves the internal tasks of the bar community. That is why she provides representation and quality defense at the all-Russian level of lawyers. Provides the organization and coordination of the work of individual subject law chambers of the Russian Federation.
Specifics of coordination
The Federal Chamber of Lawyers, within its competence, makes decisions that concern its members. The Federal Law indicates its powers to represent interests in relations with government agencies, in particular when considering issues of the lawyer community.
Only the Federal Chamber of Lawyers has the right to formally resolve issues on behalf of lawyers related to the allocation of funds from the state budget to pay for the activities of those who participate as defenders in criminal proceedings.
Rights of the created chambers
The Federal Law does not provide for the participation of lawyers' chambers of the regions of our country at the federal level in the budget process. But they are empowered to make their own proposals to the Federal Bar Association on this issue.
The creation of other organizations and bodies that are endowed with similar functions and powers is not permitted. The All-Russian Congress of Lawyers adopts the Charter of the main lawyer chamber.
The Federal Chamber of Lawyers is created in accordance with the Law on the Bar of the Russian Federation as a legal entity subject to mandatory state registration. The specifics of this procedure is regulated by Art. 10 Federal Law No. 129.
The powers of the Federal Chamber of Lawyers are determined by the Law “On the Bar of the Russian Federation”, as well as the Charter of the organization. For its registration, it is necessary to obtain the full approval of the congress, as well as to develop a charter.
Compound elements
The Federal Chamber of Lawyers is a combination of:
- Council of the Federal Bar Association;
- All-Russian Congress of Lawyers.
The second organ is the highest, the frequency of its convocation is 1 time in two years.A congress is recognized as valid if representatives of not less than 2/3 of the total number of lawyer chambers of the RF subjects participate in it.
At the congress, all chambers of law, regardless of geographical location, are supposed to have equal rights and representation. Regardless of the size, each bar has only one vote in resolving some issue.
What else is the Federal Chamber of Lawyers of the Russian Federation doing, whose bodies are formed at the Congress? No other body, besides the All-Russian Congress of Lawyers, has the authority to approve the staff of the Federal Chamber to decide the issues specified in part 2 of the Federal Law "On Advocacy".
Update Features
The Council of the Federal Chamber of Lawyers is the executive collegial body of the Federal Bar Association. He is elected by secret ballot at the All-Russian Congress of no more than 30 people. Its renewal (rotation) is expected to be at least 1/3 in 2 years.
As part of the next update, the president of the Federal Chamber of Lawyers proposes the members of the council for removal, as well as lawyers for vacant positions for general discussion. After the candidatures submitted by him are approved by the Council of the Federal Bar Association, they are submitted to the Congress for consideration, where the approval takes place.
In those cases when the nominations cannot be approved within the framework of the Congress, the new candidates for the council of the law office are introduced by the president.
Important aspects
The Council of the Federal Chamber of Lawyers of the Russian Federation does not have the right to carry out advocacy on its own behalf, as well as carry out entrepreneurship. This body from its composition elects the president of the Federal Bar Association for four years, and, on his proposal, several vice presidents for 2 years, thinks over their main powers. An important point is the fact that one person has the right to chair a chamber for more than two consecutive terms.
Executive authority
The elected president represents the bodies of the Federal Chamber of Lawyers in relations with local and federal authorities, with individuals. He works without an official power of attorney on behalf of all members of the chamber, concludes transactions on her behalf, issues powers of attorney, disposes of her property by decision of the council according to the estimate. In addition, the chairman has the right to recruit, as well as dismiss the staff of the staff of the Federal Bar Association, convene its meetings, ensure the implementation of all decisions of the council, as well as the Congress of Lawyers.
The president and vice-presidents, as well as other members of the Federal Bar Association, have the right to combine work in this body with the practice of law and to receive material remuneration for work on the council of the Federal Bar Association in the amount determined by the council of this body.
The specifics of the bar association
Advocacy is a legal institution, called on a professional basis to provide legal protection of the interests and freedoms of legal entities and individuals. The Bar Association is a nonprofit organization that is subject to civil law.
Those bar associations that currently operate in the Russian Federation are formed thanks to the free expression of the will of the lawyers who established them. If earlier such organizations were created on the basis of compulsory membership, which made it impossible for those lawyers who were not members of the college to practice law, now they have the right to conduct tai practice and provide legal services as part of the board.
For the formation of the college, at least two lawyers are required.If one of them leaves the collegium, therefore, this leads to the actual termination of its existence, since such a body cannot be created by one lawyer. The founders of the bar association send a registered letter to the council. It notes the address of the college of lawyers being created, contact details (phone, fax), information about the founders.
Attached to the notification are notarized copies of the charter and the memorandum of association. Since the bar is a legal entity, it must be registered with the authorities that register legal entities. It cannot be converted into a commercial company, except for transfer to a law office. The collegium has the right to create branches throughout the country, as well as in foreign countries.
Law Office
Its founders may be from two or more lawyers who have concluded a partnership agreement in writing. According to it, partners join forces to provide high-quality legal assistance to clients. A partnership agreement is a document containing confidential information. If one of the lawyers withdraws from the contract, he transfers to the partner all the cases in which they received legal assistance.
Subject's Bar
It is a legal entity, has an independent balance sheet, opens a bank account in banks in accordance with the legislation of the Russian Federation, and owns its own stamps, letterheads, and seal.
A lawyer chamber is being created to provide high-quality legal assistance available to the population in the territory of a particular subject of the Russian Federation. Among the functions that it performs: monitoring compliance by lawyers with a code of professional ethics.
All lawyers of one constituent entity of the Russian Federation are members of their own chamber, which has a name that must be indicated in the constituent documents. Lawyers are not liable for its obligations, and the chamber, on the contrary, is not liable for the obligations of its members. To guarantee the full-fledged activities of the bar, it should have the financial resources, as well as other material assets.
The Bar Chamber does not have the right to conduct business even to the extent permitted by other non-profit organizations in order to ensure its functioning and achieve the goals specified in the Charter.
Her property is created thanks to deductions made by lawyers for the general needs of the chamber. Grants and donations from individuals and legal entities are also going to the budget of the bar, in the manner that is regulated by the legislation of the Russian Federation.
The property is owned by the bar. Any member of it is obligated, from the remuneration received by him for work, to make contributions to the general fund in the manner and amount determined by the conference (meeting) of lawyers of this body in the subject of the Russian Federation.
To summarize
The highest body of the bar is the meeting of all its members. The number of lawyers in it is not limited to certain numbers. In situations where more than 300 people are members of the bar, according to Russian law, conferences are not held, but conferences. For the legitimacy of the decisions that are made at them, 2/3 of the total number of all its representatives must attend meetings. The conference is recognized as eligible when 2/3 of the delegates invited to participate take part in it.
The powers of the meeting include the creation of a council of the audit commission and the bar, setting the amount of deductions of lawyers for the needs of the chamber, as well as approving estimates of the costs of its maintenance. Also, as part of the meeting, a report is made on the expenditure of material resources of the bar.
In addition to the meeting, there is no other body that would have the authority to determine the distribution of the activities of lawyers in legal consultations, approve the staff list, establish incentives, and resolve other issues.
The competence of the meeting also includes the procedure for selecting delegates to a subsequent conference, setting the standards for representation.
The council of the bar is formed by the assembly, the number of its members should not exceed 15 people. A person who does not agree with the decision taken by the meeting has the right to protect his interests and rights in court.